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Fixation of pay when ACP granted before 31.08.2008

Mr.K.Ramalingam,  Superintendent of Central Excise, Tirunelveli, Tamilnadu is the author of this Article.

I would like to invite your attention  to Point No: 3 of Office Memorandum No. 35034/3/2008-Estt(D) dated 09.09.2010 issued by Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pensions, Govt of India.

For a clarification, ‘how will the benefits of ACP be granted if due between 01.01.2006 & 31.08.2008’, it is clarified in Point No.3, as follows by DOPT,

“The new MACPS has come into existence w.e.f 01.09.2008. However, the Pay structure has  been changed w.e.f 01.01.2006. Therefore the previous ACPS would be applicable in the new pay structure adopted w.e.f 01.01.2006. Para 6.1 of Annexure-I of MACPS is only for exercising option for coming over to the revised pay structure and not for grant of benefits under MACPS. The following illustration would explain the position.”

In illustration (B) to Point No: 3 of Office Memorandum No. 35034/3/2008-Estt(D) dated 09.09.2010 it is clearly mentioned that in the case of normal promotional hierarchy, the following pay fixation is shown as example.

Date of appointment in entry Grade in the
pre-revised pay scale of Rs. 5500-9000              : 01.10.1982

1st ACP granted on 09.08.1999                            : Rs. 6500-10500 (pre-revised)

2nd ACP due on 01.10.2006
( as per the existing hierarchy )                             : Rs. 10000-15200 (pre-revised)

Therefore 2nd ACP would be in PB-3 with Grade Pay of Rs. 6600 (in terms of hierarchy available)
3rd financial up gradation under MACPS would be due on 01.10.2012 in the immediate next higher grade pay in the hierarchy of recommended revised pay band and grade pay of Rs. 7600.”

This clarification has unfolded the exact intention of Government on providing additional pay benefits to the employees who have already put in 24 years of service before implementation of Sixth Pay Commission Report. Also, to provide this additional financial benefit to senior hands Government has very clearly identified the effective date of ACP Scheme and the starting date of MACP Scheme, in the context of 6CPC pay fixation with effect from 1.1.2006, as this aspect is totally messed up by the department administration presently.  In fact the administration is denying the pay benefits by misinterpreting the DOPT clarification dated 09.09.2010.

I have explained this scenario below point wise for clear understanding.

  • The pay structure has been changed with pay band and grade pay w.e.f. 01.01.2006.
  • The Old ACP Scheme is operative upto 31.08.2008.
  • The new MACP Scheme has come into  existence w.e.f. 01.09.2008.
  • For fixation of pay between the period 01.01.2006 and 31.08.2008 previous ACP Scheme would be applicable in the new pay structure  w.e.f.01.01.2006.
  • The feeder cadre of inspector was in the scale of Rs.5,500 – 9,000 and next cadre of Superintendents was in the pre-revised scale Rs.6,500 – 10,500 of V CPC, which is cited as example in the illustration given in the DOPT Order 09.09.2010
  • In the Old ACP Scheme, the clarification as is available in para 8.1 of new MACP Scheme is not there and hence it is not applicable for the period 01.01.2006 to 31.08.2008.
  • This pay structure is common to all central government departments w.e.f. 01.01.2006.
  • The Superintendents are granted non-functional scale i.e. pre-revised scale of Rs.8000 – 275 – 13,500 and fixed in  Grade pay of Rs.5,400/- in PB2 after completion of 4 years in the grade of Superintendent in terms of Ministry`s  letter F.NoA-26017/98/2008-Ad.IIA dated 21.11.2008 with effect from 01.01.2006.
  • This was the benefit enjoyed by the Superintendents who have completed 24 years of service and awarded 2nd ACP till 31.12.2005.
  • On 01.01.2006, Superintendents who have completed four years of service as well as Superintendents/all officers who have completed 24 years of service and already granted 2nd ACP and drawing pay in the pay scale of Rs.8,000 – 275 – 13,500 are fixed in  PB2 with grade pay of Rs.5,400/-. without any difference.
  • The Officers who were granted 2nd ACP prior to 01.01.2006, have been fixed  the pay in PB2 with the GP of Rs.5,400/- at par with the officers who have not received their 2nd ACP as on 1.1.2006 and then they are left in the same pay scale till date, without any higher pay benefit on account of 2nd ACP.
  • As per the MACP Scheme order dated 19.05.2009 and in accordance with para 6, in the case of all employees who are granted financial up-gradations under Old ACP Scheme till 01.01.2006, their revised pay will be fixed  with reference to the pay scale granted to them under old ACPS. i.e. Rs.8,000 – 275 – 13,500 which is PB2 with grade pay of Rs.5,400/- on 01.01.2006.
  • However, thereafter on 01.01.2006, the benefit of 2nd ACP is to be continued in the new pay structure on 01.01.2006 for those officers who were already given ACP prior to 1.1.2006.  Hence, by applying the instructions of DOPT Order 09.09.2010, their pay got to be re-fixed.
  • The grade pay of Rs.6,600/- is the next higher grade pay after the grade pay of Rs.5,400/- in the absence of any restrictions in old ACP Scheme like the restriction mentioned in para 8.1 in MACPS to the effect that Grade pay of Rs.5400 in PB-2 and grade pay of Rs.5400 in PB-3 are different for the purpose of financial upgradation.

In a nutshell, I feel  that by applying the instructions of DOPT ORDER DATED 09.09.2010, all the officers who are granted 2nd ACP till 31.08.2008 are to be placed  in PB3 with grade pay of Rs.6,600/-. On 3rd financial up-gradation these officers are to be placed in PB3 with a grade pay of Rs.7,600/-.

The views expressed in this article are those of the guest author.

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